Glossary · Documents

SBA Form 159 (fee disclosure)

Also called: Form 159, SBA 159, Fee Disclosure and Compensation Agreement

Defined by the Research desk, The Lender Report · Sources reviewed

The form that discloses to SBA any fee paid to an agent such as a packager or broker, and a lender fee above $2,500, with the compensation agreement behind it.

On a 7(a) loan a lender completes Form 159 for its own fees above $2,500 and for any agent. On a 504 project it is signed by the borrower, the development company and the agent. Fees paid under a professional services contract that SBA must authorize for a development company are handled in that contract and are not put on the form. Out-of-pocket costs such as an appraisal or recording fees are itemized in the file, not on the form.

The two limits differ. A lender may charge a percentage packaging fee of up to 5 percent on a loan of $150,000 or less and 3 percent above, and never more than $30,000, nor more than it charges on similar non-SBA loans. An agent may charge up to 3 percent on a loan of $50,000 or less, and 2 percent of a larger loan up to $1,000,000 plus 0.25 percent above, also capped at $30,000. An agent may not charge a fee that depends on the loan closing.

Example on a $400,000 loan: a lender’s fee is capped at 3 percent, $12,000. An agent’s is capped at 2 percent, $8,000. A $2,000 fee needs no supporting record of the work.

How it shows up in the data here

Not in any public file. Form 159 goes to SBA and is not published, and the SBA loan file has no field for packaging or broker fees. The SBA agent entry lists the limits on agent fees.

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Related terms

Sources

  1. SBA SOP 50 10 8.1, Section A, Chapter 4, C, D and E; Section B, Chapter 6, D.4, effective .

Plain definitions for orientation, not legal, tax or credit advice. A lender's own policy decides what it will do.